2009 Session - Senate Education

13-32-4. The school board of every school district shall assist and cooperate with the administration and teachers in the government and discipline of the schools. The board may suspend or expel from school any student for violation of rules or policies or for insubordination or misconduct, and the superintendent or principal in charge of the school may temporarily suspend any student in accordance with § 13-32-4.2. The rules or policies may include prohibiting the following:

(1) The consumption or possession of beer or alcoholic beverages on the school premises or at school activities;

(2) The use or possession of a controlled substance, without a valid prescription, on the school premises or at school activities; and

(3) The use or possession of a firearm, as provided in § 13-32-7, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions or activities.

In addition to administrative and school board disciplinary action, any violation of § 13-32-7 shall be reported to local law enforcement authorities.

The period of expulsion may extend beyond the semester in which the violation, insubordination, or misconduct occurred. Any expulsion for consumption or possession of beer or alcoholic beverages may not extend beyond ninety school days. If a student has intentionally brought a firearm onto school premises, the expulsion may not be for less than twelve months.

However, the superintendent or chief administering officer of each local school district or system may increase or decrease the length of a firearm-related expulsion on a case-by-case basis. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 to establish administrative due process procedures for the protection of a student's rights. The administrative due process procedures shall include a requirement that the school give notice of a student's due process rights to the parent or guardian of the student at the time of suspension or expulsion. Each school district board shall provide a procedural due process hearing, if requested, for a student in accordance with such rules if the suspension or expulsion of the student extends into the eleventh school day.

This section does not preclude other forms of discipline which may include suspension or expulsion from a class or activity. An individualized education program team decision for an initial placement or a change in placement of a student in need of special education or special education and related services does not constitute a suspension or an expulsion, or a continuation of a suspension or expulsion, if the education provided to that student is in compliance with rules established by the South Dakota Board of Education.

This section does not prohibit a local school district from providing educational services to an expelled student in an alternative setting. "

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1241 AS AMENDED

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Jerstad, Knudson, Nesselhuf, Olson (Russell), Peterson, Garnos

Excused:    Gray

MOTION:     AMEND TITLE OF HB 1241

1241cta

On page 1, line 1, of the House engrossed bill, delete everything after "An Act to" and insert "clarify that certain special education placements are not suspensions or expulsions.".

On page 1, delete lines 2 and 3.

Moved by:    Knudson
Second by:    Peterson
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Jerstad
Second by:    Knudson
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary

Cooper Garnos, Chair